AL DÍA has received an early draft of Mayor Michael Nutter’s proposed changes to the executive order regarding Immigration and Customs Enforcement detainers, also know as ICE holds.

The executive order that is currently in effect can be read here. The amended version can be read below in its entirety. Please note that this is just a draft. Nutter’s administration has said they are still waiting for input from stakeholders before any changes are finalized.

The existing order, which was passed into law 18 months ago, severely limited the cooperation between local law enforcement agencies and federal ICE agents — though it did not completely banish it.

There is a difference in both length and language between the two texts.

In the original order, Nutter places limits on when Philadelphia police officers and prison officials could respond to a detainer request from ICE. In short, the city can now only inform ICE about a person of interest under two strict conditions: (1) that person has been convicted for a first or second-degree felony, and (2) ICE issued a judicial warrant for the person of interest on top of the detainer request.

In the new draft, city officials will cooperate with ICE under significantly more circumstances.

Most of the changes pertain to individuals that have been convicted and are being released from the city’s custody. The city would comply with ICE hold requests if the individual was convicted of:

• A crime that stemmed from involvement with a street gang, applicable to individuals 16 or older.

• Murder, rape, robbery, aggravated assault, unlawful possession of a firearm, burglary, drug trafficking, or possession with intent to distribute controlled substances.

• A crime involving domestic violence, sexual assault or child abuse.

• A crime that “Managing Director or his or her designee” deems could have “potential impact on public safety.”

There is only one proposed change that does not require a conviction in order for the city to hand over an individual to ICE, and that pertains to anyone suspected by ICE of “having engaged in terrorism or espionage” or who may “pose a danger to national security.”

Legal analysis and community response to these changes to come. This is a developing story.

Proposed EO - City of Philadelphia PEP Policy - 11-16-15 (1)